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Difference between revisions of "Changing Family Law Orders, Awards and Agreements Involving Spousal Support"
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Changing Family Law Orders, Awards and Agreements Involving Spousal Support (view source)
Revision as of 21:54, 24 July 2017
, 21:54, 24 July 2017→Agreements for spousal support and the Divorce Act
Nate Russell (talk | contribs) (Undo revision 36602 by Penny Goldsmith (talk)) |
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===Agreements for spousal support and the ''Divorce Act''=== | ===Agreements for spousal support and the ''Divorce Act''=== | ||
In the 2003 case of ''Miglin v. Miglin'', 2003 SCC 24, the Supreme Court of Canada decided that the material change test shouldn't apply to changing agreements and described a three-step test to be used when deciding whether a change is warranted: | In the 2003 case of ''[http://canlii.ca/t/1g5lh Miglin v. Miglin]'', 2003 SCC 24, the Supreme Court of Canada decided that the material change test shouldn't apply to changing agreements and described a three-step test to be used when deciding whether a change is warranted: | ||
*Was the agreement negotiated and entered into fairly, that is, was there an equality of bargaining power? | *Was the agreement negotiated and entered into fairly, that is, was there an equality of bargaining power? | ||
*If the circumstances that the agreement was entered into were reasonable, the court must consider whether the agreement met the objectives for spousal support set out in s. 15.2 of the ''Divorce Act'' at the time it was made. | *If the circumstances that the agreement was entered into were reasonable, the court must consider whether the agreement met the objectives for spousal support set out in s. 15.2 of the ''Divorce Act'' at the time it was made. | ||